STATE Vs. MAGHRAJ AND OTHERS

JUDGEMENT

(1.) This appeal arises on leave granted by this Court on Nov. 6, 1978 against the judgment dated the 2nd Aug., 1977 of the Judicial Magistrate, Railway, Jodhpur, acquitting the accused respondents Maghraj and Doongar Singh for the offence under section 9 of the Opium Act.

(2.) The Judicial Magistrate has acquitted the accused on the ground that the possession of the bags from which the opium was alleged to have been recovered was not traced to the accused. According to the prosecution two bags containing opium were seized by Dashrath Singh, constable from a two-tier sleeping couch in the Jodhpur-Jaisalmer train on Feb. 13, 1973 at Jodhpur Station. The statement of Dashrath Singh, constable was read over to me. After going through the same, I concur with the finding of the learned Magistrate that the prosecution has failed to connect the accused with the bags containing opium. The possession of the bags from which opium was recovered, is not traced to the accused. In this view of the matter, I do not find any error in the order of acquittal passed by the learned Magistrate.

(3.) The result is that there is no merit in the appeal and the same is hereby dismissed. Appeal dismissed.